tag:www.robertslawteam.com,2013-03-21:/blog/17412018-01-12T18:22:35ZMovable Type Enterprisetag:www.robertslawteam.com,2014:/blog//1741.30887842014-01-31T18:55:34Z2018-01-12T18:22:35Z
A Charlotte police officer was indicted on voluntary manslaughter charges this week, the second opportunity a Grand Jury has had to consider the facts and charges in the case. The first Grand Jury to review the shooting death of Jonathan Ferrell declined to indict the Charlotte cop, Randall Kerrick, on voluntary manslaughter charges. That Grand Jury had requested the case be resubmitted with lesser charges.

Prosecutors involved in the case declined to lower the charges against Kerrick and instead submitted the bill of indictment to a second Grand Jury. Kerrick's criminal defense team fought the second submission, but was unsuccessful. Kerrick fired 12 shots at Ferrell the night he was killed. At least a portion of the shooting was captured on the officer's in-cruiser dash camera. Reports of the shooting note that Ferrell was unarmed, prompting many to question whether Kerrick's use of force was reasonable and ultimately leading to his recent indictment on criminal charges.

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Kerrick was arrested at the order of the Police Chief on the same day of the shooting for using excessive force. The highly-publicized officer-involved shooting has raised doubts about whether an impartial jury can be impaneled to hear the case, should it go to trial. Kerrick's defense attorney doesn't expect the voluntary manslaughter case to wind its way through the North Carolina criminal justice system until the end of the year, at the earliest.

There is no prohibition in North Carolina against the submission of the same information to a Grand Jury for consideration after one Grand Jury has declined to indict or return a true bill.

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tag:www.robertslawteam.com,2013:/blog//1741.30887532013-09-30T17:45:14Z2018-01-12T18:22:33Z
U.S. Marshals tracked a man wanted out-of-state on two first-degree murder charges to a relative's home here in North Carolina. Kevin Walker is facing extradition to the District of Columbia where he stands charged with killing a brother and sister pair back in July.

When a person suspected of committing a crime in one state is found in another, that person must go through the process of extradition in order to legally be returned to the accusing state to stand trial. After a North Carolina arrest based on an outstanding felony warrant from another state, an individual will be held and bail will be set pending extradition. If the person is arrested for a crime punishable by life in prison or death, he or she is not eligible to bond out of jail.

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The prosecutor in the district that will be handling the criminal charges must request extradition. Unless waived by the defendant, an extradition hearing is held after the Governor of North Carolina receives a formal request for extradition. After the hearing, the Governor may issue a Governor's Warrant that allows North Carolina authorities to hold the defendant until the requesting state can pick him or her up or, if the defendant was released on bond, allows North Carolina police to take the suspect back into custody.

At this point, a habeas corpus hearing may be appropriate if the arrested individual believes that he or she is being held illegally or to contest the extradition process. If an extradition hearing is waived, he or she will typically be held until custody is transferred to the requesting state.

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tag:www.robertslawteam.com,2013:/blog//1741.30887302013-08-09T18:18:46Z2018-01-12T18:22:30Z
A North Carolina man is facing murder charges after being accused of intentionally running over his girlfriend in Ashe County resulting in her death. State troopers initially responded to the scene on N.C. 88, believing it to be a motor vehicle accident, but decided that foul play was involved and brought in the Ashe County Sheriff's Office to investigate.

Jacob Johnson was found Friday morning and arrested for the murder of his former girlfriend, Miranda Wiles. Thirty-year-old Johnson had driven away from the scene of the accident, according to police reports, and continued on foot after getting his car stuck in the mud. He recently served time in prison on a drug conviction.

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Murder accusations are serious criminal offenses that can lead to a lifetime in prison, or the death penalty in North Carolina if convicted of first degree murder. Whether you have been falsely accused of killing another, or whether an accident was interpreted as a criminal act by police or the prosecutor, you need an experienced defense lawyer on your side right away to develop an appropriate and effective defense strategy.

After an arrest on murder or manslaughter charges, you will be required to appear in court for your "First Appearance." If you have an attorney, he or she can be represent you at this hearing. You will be read the charges against you as well as read your rights and notified of the maximum possible penalty that you may face if you are convicted of the criminal charges you face.

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tag:www.robertslawteam.com,2013:/blog//1741.30887342013-07-18T14:49:33Z2018-01-12T18:22:31Z
According to the Cleveland County Sheriff's Office, Deanna Pruitt had contacted one of their police informants, inquiring about hiring the person to kill an acquaintance of hers. Pruitt allegedly offered to pay the hitman for the killing.

Based on reports of the murder-for-hire plot, Pruitt discovered that the hitman she'd tried to engage had ties to law enforcement himself. She decided to address the issue with the police herself and allegedly confessed to attempting to hire the man to kill another. Initially, officers charged her with solicitation to commit murder, but those charges have since been dropped.

According to reports of the now-dismissed criminal charges, Pruitt had put a $1,000 price tag on an acquaintance's life with whom she'd had a long-standing dispute.

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What Is Solicitation?

Solicitation may be more commonly understood in the realm of sex crimes as it's often used to describe charges against someone who is offering sexual favors in exchange for money. However, solicitation is much broader than that and includes offering, promising or actually giving money, services, or anything of value, or to forgive or promise to forgive a debt or obligation to commit a felony or murder.

Asking another to commit a crime in exchange for money does not wash the asker's hands of the crime. You can be punished for soliciting another to commit a crime by a prison sentence, fine or both, depending on the crime solicited.

Solicitation to commit murder is a serious felony in North Carolina, punishable by up to life in prison.